PROCEDURE-COURT

74 Tenants Can Sue Separate Landlords in One Action Seeking Class Certification

July 24, 2020    

Seventy-four tenants sued a number of landlords of different buildings for rent overcharge in one lawsuit that they sought to designate as a class action. Tenants claimed that there was a systematic effort...

NYCHA Sanctioned $1,000 for Altering Documents in Warrant Clerk's File

June 26, 2020    

Landlord NYCHA sued to evict tenant. The court ruled for NYCHA and issued an eviction warrant. When landlord went to the court clerk's office to process the eviction warrant, the warrant was rejected for missing...

Court Must Take Back Dismissed Rent Overcharge Case After Collazo Ruling

June 26, 2020    

Tenant sued landlord, claiming improper deregulation and rent overcharge. Tenant claimed that he was rent stabilized. Landlord asked the court to dismiss the case, arguing that the DHCR had primary jurisdiction over...

Court Orders Joint Trial of Two Tenants Claiming Overcharge in 421-g Building

June 26, 2020    

In separate court actions, two tenants sued landlord, claiming that they were improperly deregulated and being overcharged by landlord. The building received 421-g tax benefits. Landlord asked the court to...

Landlord's Eviction Petition Didn't Properly Describe Premises

May 25, 2020    

Landlord sued to evict tenant after sending a 30-day termination notice. Tenant asked the court to dismiss the case, claiming that landlord's court petition inaccurately described the premises. The court ruled...

Landlord Asks Court to Strike ECB References in City's Nuisance Complaint

May 23, 2020    

The city sued landlord of several Manhattan buildings and sought nuisance abatement. After three years of unsuccessful administrative enforcement efforts, the city claimed that landlord had failed to stop illegally...

COVID Crisis Slows the Courts and DHCR

April 29, 2020    

In light of the emergency circumstances caused by COVID-19 and in accordance with Governor Cuomo’s orders, New York courts stopped accepting new case filings as of March 22, 2020, except for...

Mental Health Program's Eviction Case Against Subtenant Dismissed

April 24, 2020    

Tenant, who operated a subsidized program under agreement with DOHMH, sued to evict subtenant for sublease violations. Tenant claimed that subtenant failed to pay monthly rent as it became due, used or possessed...

Court Issues Administrative Order to Limit Court Processing to Essential Matters

April 24, 2020    

The Court issued an administrative order in light of the emergency circumstances caused by COVID-19, consistent with Gov. Cuomo's executive order suspending statutes of limitation in legal matters. Effective...

New 90-Day Termination Notice Requirement Applied to Long-Term Tenant

March 23, 2020    

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice, claiming that tenant was unregulated and had no lease. Landlord claimed that the apartment was unregulated because it was...

Landlord's Acceptance of Rent Checks Formed No Waiver

March 23, 2020    

Landlord sued to evict tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord had accepted checks from the Dept. of Social Services (DSS) issued to cover tenant's rent. The...

Landlord Must Send Long-Term Month-to-Month Tenant 90-Day Termination Notice

March 12, 2020    

Landlord sued to evict tenant and claimed that the apartment was unregulated because it was located in a private home with fewer than six dwelling units and no lease in effect. Landlord started the housing court case...